IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

Respondent.

) ) ) ) ) ) ) ) ) ) ) ) ) )

Misc. No.

DISTRICT OF COLUMBIA, 441 Fourth Street, N.W.

Suite 600-S

Washington, DC 20001,

Petitioner,

HARRY L. THOMAS, JR., 2413 1 ih Street, N .E. Washington, DC 20018,

C· 'j wn' .

RECEIVED

v.

DEC 0 2 2010

"' .. :'

of theDi~irict of Columbia Washington, D.C.

PETITION FOR EXPEDITED ENFORCEMENT OF ATTORNEY GENERAL'S SUBPOENA PURSUANT TO D.C. OFFICAL CODE § 44-1712(C)(2) (2010supp.)

The District of Columbia ("District") petitions this Court for expedited enforcement of a

subpoena [copy attached] requiring Harry L. Thomas, Jr., ("Thomas") to produce, by December

The first subpoena was issued to Thomas five days after the Office of the Attorney

1, 2010, documents relevant to the Office of the Attorney General's investigation of charitable

solicitations made by Team Thomas, a former non-profit corporation organized under District

law. This is the second subpoena issued to Thomas pursuant to this investigation. Thomas's

response to the first subpoena, enforced by this Court last month, shows that he has been the

president of Team Thomas and that, without having a license to engage in charitable

solicitations, Team Thomas has solicited more than $200,000 in charitable donations since

January 1, 2008.

General requested, on October 21, 2010, that Thomas voluntarily produce information about

"each organization that has solicited donations in the District of Columbia since January 1, 2008 on behalf of or in connection with 'Team Thomas.'" On November 2,2010, this Court ordered that unless Thomas complied with the subpoena by November 23,2010, the subpoena would "be effected by Order of the Court by Midnight of November 24,2010."

On November 23,2010, the deadline set by the Court for compliance with the first subpoena, the Office of the Attorney General received a set of responses showing that Team Thomas, a nonprofit corporation organized and based in the District of Columbia, had neither a charitable solicitation license from the District nor tax exempt status from the IRS in 2008-2009, yet solicited more than $200,000 in charitable donations during that two-year period.

The following day, the Office of the Attorney General issued a second subpoena to Thomas, this time seeking more detailed information about Team Thomas's fundraising and expenditures. No documents were produced in response to that subpoena by close of business on the December 1,2010 deadline date. An attorney representing Team Thomas has informed the Attorney General that his client is, at this time, "unwilling to voluntarily respond to [the second] subpoena. "

To avoid further delay to the Office of the Attorney General's investigation into Team Thomas's charitable solicitations, the District seeks expedited enforcement of the Attorney General's subpoena.

In support of this petition, the District alleges the following:

1. The District, a municipal corporation created by Act of Congress and empowered

to sue and be sued, is the local government for the territory constituting the seat of government of the United States. The District's Attorney General is authorized by District law to bring actions in this Court to enjoin persons from soliciting in violation of the District's charitable

2

solicitations law or in violation of any regulation made pursuant to that law, D.C. Official Code § 44-1712(c)(I) (2010 supp.), and, "in the course of an investigation to determine whether to bring [such an] action," to issue subpoenas requiring persons to produce documentary material for inspection and copying, D.C. Official Code § 44-1712(c)(2) (2010 supp.). The Attorney General may petition this Court for enforcement of such subpoenas. D.C. Official Code § 44-1712(c)(4) (2010 supp.).

2. Team Thomas was organized as a District of Columbia nonprofit corporation on

February 4,2000. Its Articles of Incorporation were revoked on September 14,2009. [Rushkoff Declaration, Exhibits 1 and Exhibit 9 (at 1)]

3. Thomas was the president of Team Thomas. [RushkoffDec1aration, Exhibit 9 (at

2)] He is a District of Columbia resident and currently serves as a member of the Council of the District of Columbia, the District's legislative branch.

4. This Court has jurisdiction over the subject matter of this case pursuant to D.C.

Official Code § 11-921 and personal jurisdiction over Thomas, the Respondent, pursuant to D.C. Official Code § 13-422.

5. On his Councilmemberwebsite, Thomas states that he co-founded "DCTC-Team

Thomas, a non-profit organization for social change, citizen empowerment, community development, and youth and senior program development." [RushkoffDeclaration, Exhibit 2] These stated purposes make Team Thomas a "charitable" organization under the District's charitable solicitations law, which defines "charitable" to include "philanthropic, social service, welfare, benevolent, or educational (except religious education), either actual or purported." D.C. Official Code § 44-1701(4).

3

6. On his website, Thomas states: "Team Thomas is funded by grants, donations,

and public and private partnerships." [RushkoffDec1aration, Exhibit 2]

7. A search of the official Business License Division records at the District of

Columbia Department of Consumer and Regulatory Affairs ("DCRA") shows that, from January 1,2007 to November 1, 2010, Team Thomas was not licensed to engage in "charitable solicitation" in the District of Columbia. [RushkoffDec1aration, Exhibit 3] Under District law, no person may solicit "donations" for a "charitable purpose" without a license authorizing such solicitations," D.C. Official Code §§ 44-1701(3), 44-1701(5), and 44-1703(a), unless the solicitations fall within a special exemption, such as the regulatory exemption for solicitations that do not generate contributions totaling more than $1500 in a single calendar year, 16 DCMR § 1301 (2010).

8. On October 21,2010, the District's Office of the Attorney General delivered a

letter to Thomas requesting "that information and documents needed for an investigation of certain charitable solicitations be produced voluntarily so as to avoid the need for a subpoena." All of the requested information and documents pertained to any organizations that had "solicited donations in the District of Columbia since January 1, 2008 on behalf of or in connection with 'Team Thomas.'" [Rushkoff Declaration, Exhibit 4]

9. The October 21, 2010 letter stated: "As an alternative to issuance of a subpoena,

you are requested to deliver the requested information by October 26, 2010." None of the information requested by the letter was produced by October 26,2010. [RushkoffDec1aration ~ 5 & Exhibit 4]

10. On October 26,2010, the District's Office of the Attorney General issued a

subpoena to Thomas pursuant to authority granted to the Attorney General by D.C. Official Code

4

§ 44-1712( c )(2) (2010 supp.). The subpoena required that Thomas produce "documents sufficient to show" the same information that had been requested by the Office of the Attorney General's October 21, 2010 request for voluntary production. [Rushkoff Declaration, Exhibit 5]

11. On October 28,2010, Thomas's attorney sent a letter to the Attorney General on

behalf of both Thomas and "Team Thomas." Stating that he had "advised [his] clients not to respond to the subpoena of October 26,2010," Thomas's attorney articulated several purported reasons for opposing the subpoena. [RushkoffDeclaration, Exhibit 6] The following morning, on October 29,2010, the Attorney General sent Thomas's attorney a letter that responded to each of the objections he had raised to production of documents pursuant to the subpoena. [Rushkoff Declaration, Exhibit 7]

12. The District petitioned this Court for "immediate enforcement" of the October 26,

2010 subpoena. District a/Columbia v. Harry L. Thomas, Jr., Misc. No. 8232-10 (filed Nov. 1, 2010). On November 2,2010, this Court ordered Thomas "to comply with the subpoena on or before November 23 or the court hereby orders that the subpoena at issue shall be effected by Order of the Court by Midnight of November 24,2010." [RushkoffDeclaration, Exhibit 8]

13. On November 23,2010, the Office of the Attorney General received a response to

its October 21, 2010 request for information from Thomas; this response was also responsive to the October 26,2010 subpoena. The response stated that Thomas was the president of Team Thomas and that Team Thomas's total receipts from solicited donations were approximately $188,110 in 2008, $28,021 in 2009, and $28 in 2010. Included with the response was a partially cut-off copy of Team Thomas's Articles of Incorporation showing that Team Thomas had been organized "exclusively, for charitable and educational purposes w[ithin the] meaning of section 501(c)(3) of the Internal Revenue C[ode]." The response also stated that "Team Thomas has

5

never held itself out to be a SOI( c)3 tax exempt organization, or a tax exempt organization or

charity that would allow the individual or entity to qualify for a federal tax deduction."

[RushkoffDeclaration, Exhibit 9 (at 1-2 & Attach. B)]

14. On November 24,2010, the Office of the Attorney General issued a second

subpoena to Thomas, this time in his capacity as (former) president of Team Thomas. The cover

letter accompanying the subpoena stated, in part:

The information that you provided yesterday ... shows that, without being lawfully authorized to solicit charitable contributions in the District of Columbia, Team Thomas has received approximately $216,000 in solicited donations since January 1, 2008. There is no public record, such as an IRS Form 990, that might provide some assurance that these funds, or any noncash contributions, have been used for the purposes for which they were contributed. Moreover the fact that Team Thomas has solicited these contributions without having been granted tax exempt status by the Internal Revenue Service raises concerns that the contributors may not have understood that their contributions were not tax deductible.

[RushkoffDeclaration, Exhibit 10]

15. It is a violation of a charitable solicitations regulation to misrepresent to

prospective donors "the purpose of the solicitation." 16 DCMR § 1308.1. The Attorney General

may bring civil enforcement actions against violations ofthis regulation because it is a regulation

"made pursuant" to the District's charitable solicitations law. D.C. Official Code § 44-1712(c)

(2010 supp.).

16. The November 24,2010 subpoena seeks, "separately for each calendar or

reporting year since January 1,2008," the financial information requested by DCRA's Financial

Report for Charitable Solicitations form (issued May 11, 2007). The subpoena also seeks,

among other things, documents sufficient to show (1) for each contribution of $250 or more

received by Team Thomas since January 1,2008, the identity of the donor and the date of the

contribution; and (2) for each disbursement of$250 or more by Team Thomas since January 1,

6

2008, "the purpose of the payment, the method of payment, the name of the payee, and the date

of the payment." [RushkoffDec1aration, Exhibit 11]

17. Shortly before 4 p.m. on the afternoon of December 1,2010, the final day for a

timely response to the November 24,2010 subpoena, Attorney General Peter J. Nickles received

a letter from Frederick D. Cooke, Jr., stating that his "client is unwilling to voluntarily respond to

your subpoena" because the information sought by the subpoena would not be "probative" or

"relevant" to a determination by the Attorney General whether to bring a civil enforcement

action to enjoin unlawful charitable solicitations. Mr. Cooke contended that there was no basis

for issuing the subpoena:

Team Thomas will voluntarily refrain from any future solicitation of donations, and will wind up its affairs and terminate its corporate existence. In light ofthis decision by Team Thomas, there is no need for your Office to bring a civil enforcement action seeking injunctive, or other equitable relief premised on an alleged failure of Team Thomas to abide by the District's charitable solicitations law. Without a basis for a civil action (because of the voluntary injunction), how can there be any basis for a subpoena?

[RushkoffDec1aration, Exhibit 12]

18. In a reply letter sent at about 5:45 p.m. that same day, the Attorney General

explained why his Office's investigation is seeking "to determine whether the donations solicited

by Team Thomas have been applied to the purposes for which they were solicited":

If the investigation reveals that Team Thomas has not used the donated funds for the purposes for which they were solicited, then the Office of the Attorney General may file suit in the Superior Court for equitable rescission of the donations - so that the donated funds may be returned to the donors - and for other equitable remedies, such as disgorgement of improperly solicited funds to a court-appointed special master. In addition, if the investigation reveals that donors were unaware that their donations to Team Thomas were not tax deductible, the Office of the Attorney General may seek to have donors notified of this fact so that they have an opportunity to file amended tax returns.

7

[RushkoffDeclaration, Exhibit 13]

19. The Office of the Attorney General has not received, either from Thomas or from

his attorney, any of the documents or information required by the November 24,2010 subpoena.

[Rushkoff Declaration S 12]

20. No previous application for the relief sought herein has been made to this or any

other court.

WHEREFORE, the District requests that this Court:

1. Enter an Order requiring Thomas either to comply with the Office of the Attorney

General's November 24,2010 subpoena within seven days of the day the parties can be heard on

this Petition, or to show good cause why he should not be held in contempt for his failure to

comply; and

2. Order Thomas to pay to the District the costs of this action and reasonable

attorney's fees.

8

3. Provide such other relief as the Court deems just and proper.

Dated: December 2,2010

Respectfully submitted,

PETER J. NICKLES

Attorney General for the District of Columbia

GEORGE C. VALENTINE Deputy Attorney General Civil Litigation Division

/I :c;/;b~

BENNETT RUSHK0FF(D:c:B6925) Chief, Public Advocacy Section

441 Fourth Street, N.W., Suite 600-S Washington, DC 20001

(202) 727-5173 phone, (202) 727-6546 fax bennett.rushkoff@dc.gov

Attorneys for the District of Columbia

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CIVIL DIVISION

DISTRICT OF COLUMBIA,

Respondent.

) ) ) ) ) ) ) ) )

Misc. No.

Petitioner,

v.

HARRY L. THOMAS, JR.,

DECLARATION OF BENNETT RUSHKOFF PURSUANT TO 28 U.S.C. § 1746

Bennett Rushkoffhereby declares as follows:

1. I am Chief of the Public Advocacy Section in the Office of the Attorney General

for the District of Columbia. In this capacity, I am conducting the Office of the Attorney

General's investigation into the solicitation of charitable donations by "Team Thomas" in

violation of the District's charitable solicitations law. I am currently the custodian of the

investigative file for this matter.

2. Attached hereto as Exhibit 1 is a true copy of a Certificate issued by the Business

and Professional Licensing Administration of the District of Columbia's Department of

Consumer and Regulatory Affairs on November 29,2010.

3. Attached hereto as Exhibit 2 is a true copy of information posted as of today on

Harry L. Thomas, Jr.'s official website as a member of the District of Columbia Council at

www.dccouneil.washington.de.uslharrythomasjr.

4. Attached hereto as Exhibit 3 is a true copy of a Certificate issued by the Business

and Professional Licensing Administration of the District of Columbia's Department of Consumer and Regulatory Affairs on November 1,2010.

5. Attached hereto as Exhibit 4 is a true copy of a letter that the Office of the

Attorney General had hand-delivered to Mr. Thomas on October 21,2010. I did not receive, and I am not aware of the Office of the Attorney General receiving, either from Mr. Thomas or his attorney, any of the information requested by this letter before November 23,2010.

6. Attached hereto as Exhibit 5 is a true copy of a letter to Frederick D. Cooke, Jr.,

Esq., and subpoena to Harry L. Thomas, Jr., that the Office of the Attorney General issued on October 26,2010. I did not receive, and I am not aware of the Office of the Attorney General receiving, either from Mr. Thomas or his attorney, any of the documents or information requested by this subpoena before November 23,2010:

7. Attached hereto as Exhibit 6 is a true copy of a letter that the Office of the

Attorney General received bye-mail from Mr. Cooke on October 28,2010.

8. Attached hereto as Exhibit 7 is a true copy of a letter that the Attorney General

sent to Mr. Cooke bye-mail on October 29,2010.

9. Attached hereto as Exhibit 8 is a true copy ofthis Court's Order dated November

2,2010, in District of Columbia v. Harry L. Thomas, Jr., Misc. No. 8232-10 (petition for enforcement filed Nov. 1,2010).

10. Attached hereto as Exhibit 9 is a true copy a letter, with attachments, that the

Office of the Attorney General received by hand-delivery and e-mail from Mr. Cooke on November 23,2010. A copy of the letter; with attachments, is also posted on Mr. Thomas's website at www.harrythomas5.com. Neither the copy that the Office of the Attorney General

2

received from Mr. Cooke nor the copy posted on Mr. Thomas's website included an Attachment

A.

11. Attached hereto as Exhibit lOis a true copy of a letter that the Office of the Attorney

General sent to Mr. Cooke by on November 24,2010.

12. Attached hereto as Exhibit 11 is a true copy of the subpoena to Mr. Thomas that was

enclosed with the November 24,2010 letter to Mr. Cooke. Mr. Cooke informed me by email on

November 24,2010 that, without agreeing that the subpoena was proper, he accepted service of

the subpoena for Mr. Thomas. I have not received, and I am not aware of the Office of the

Attorney General receiving, either from Mr. Thomas or his attorney, any of the documents or

information requested by this subpoena, which stated that the deadline for production of

3

responsive documents was December 1,2010 at 4 p.m.

13. Attached hereto as Exhibit 12 is a true copy of a letter that the Office of the Attorney

General received from Mr. Cooke bye-mail on December 1, 2010 at about 4 p.m.

14. Attached hereto as Exhibit 13 is a true copy of a letter that the Office of the Attorney

General sent to Mr. Cooke bye-mail on December 1,2010 at about 5:45 p.m.

I declare under penalty of perjury that the foregoing is true and correct. Executed on December 2,2010.

{}:;LL~

Bennett Rushkoff

GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

** * -

-

CERTIFICATE

THIS IS TO CERTIFY that there were received and accepted for record in the Department of Consumer and Regulatory Affairs, Corporations Dlvlslon, on the

4th day of February, 2000, Articles of Incorporation of:

TEAMTHOMAS

WE FURTHER CERTIFY that said Certificate and Articles oflncorporation were Revoked by Proclamation on the 14th Day of September ,2009, pursuant to the Distirct

of Columbia NONPROFIT CORPORATION ACT, for having failed and/or refused to file reports and pay all fees due and' owing on or before April 15th, 2009.

IN TESTIMONY WHEREOF I have hereunto set my hand and caused the seal of this office to be affixed this 29th day of November, 2010 .

LINDA K. ARGO Director

Business and Professional Licensing Administration

PATRICIA E. GRAYSG I Superintendent of Corporations Corporations Dlvlslen

(,

Adrian M. Fenty Mayor

Harry Thomas, Jr., Ward 5

Harry Thomas, Jr., Ward 5

Website: http://www.harrythomas5.com Political Affiliation: Democratic Party

Office: 1350 Pennsylvania Avenue, Suite 107, NW Washington, DC 20004

Tel: (202) 724-8028 Fax: (202) 724-8076

Email: hthomas@dccouncil.us

Began Service: 01/0212007 Term: 01/0212007 - 01/0212011 Date of Birth: November 2

Education: Public RelationslMarketing from Bowie State Unive rsity

Birthplace: District of Columbia

Key Staff

Grace J. Lewis

Chief of Staff

(202)724-8028 glewis@dccouncil.us

Victoria Leonard - Chambers

Director, Policy and Strategic Communication (202) 727-8204

Vleonard@dccouncil.us

Ayawna Chase

Director of Constituent Services (202) 724-8024 achase@dccouncil.us

Marjorie Bames Administrative Assistant (202) 724-8028 mbarnes@dccouncil.us

James Pittman Legislative Co unsel (202) 724-8114 jpittman@ldccouncil.us

Neil Rodgers Committee Clerk

(202) 724-8155 nrodgerS@dccouncil.us

Monique Smith Specialist/Scheduler (202) 724-8918 msmith@dccouncil.us

C.ommittee Assignments

Committee on Libraries, Parks and Recreation, Harry Thomas, Jr. - Chairperson Committee on Aging and Community Affairs

Committee on Government Operations and the Environment Committee on Housing and Workforce Development Committee on Finance and Revenue

Biographical Information

Harry "Tommy" Thomas, Jr. campaigned for and successfully won the D.C. Ward 5 Council seat in November 2006. He was swom into offlce in January 2007. Councilmember Thomas is Chair of the D.C. City Council's Committee on Libraries, Parks, and Recreation. He sits on two additional committees: Health and Workforce Development and Govemment Operations.

Councilmember Thomas is the son of late three-term Ward 5 Councilmember Harry Thomas, Sr., and former D.C. Public School principal Romaine B. Thomas. Councilmember Thomas attended D.C. Public Schools and graduated from Woodrow Wilson High School. He holds a degree in Public Relations/Marketing from Bowie State University. Councilmember Thomas was Vice President of Public Affairs for the Public Benefits Corporation (formerly D.C. General Hospital).

Councilmember Thomas was raised in a family with a strong commitment to public service. Over the past two decades, he has been involved in a wide range of community activities. Recognizing the need for youth and citizen empowerment programs, Councilmember Thomas co-founded DCTCTeam Thomas, a non-profit organization for social change, citizen empowerment, community development, and youth and senior program development. Team Thomas has successfully run comprehensive after school and weekend youth skills training clinics across the city, as well as interactive leaming summer camps. Team Thomas is funded by grants, donations, and public and private partnerships. Each year, Team Thomas distributes turkeys to needy families and hosts a toy drive and holiday breakfast with Santa.

Councilmember Thomas is a former Advisory Neighborhood Commissioner, and has served as Chair of the Woodridge Health Clinic. He is a past President of the D.C. Young Democrats and a former Att.arge elected member of the D.C. Democratic State party, for which he coordinated local and national events. Council member Thomas has worked for the national Democratic Party, holding the office of Treasurer. He has also served as the Adult and youth Chair of the Neighborhood Planning Council. Councilmember Thomas is a member of the YMCA, NAACP, Omega Psi Phi Fratemity, and Woodridge Boys and Girls Club.

CouncilmemberThomas is married to Diane Romo Thomas, MSW. They are active sports enthusiasts, and their children share their spirit of competition and sportsmanship.

Click the following link to view an OnDemand Video featuring Councilmember Harry Thomas, Jr. http://www.octt.dc.goviservicesion demand videoispecialicounciliCouncii Bio Thomas.asx

Ward Members

htto:llwww.dccouncil.washington.dc.us/harrvthomasir

Page 10f2

EXkibi+ 2

12/2/2010

GOVERNMENT OF THE DISTRICT OF COLUMBIA DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS Business and Professional LicensingAdministration

Business Licensing Division

* * *

CERTIFICATION

I HEREBY CERTIFY that a search of the official Business License Division records for Team Thomas revealed that:

A Basic Business General Business license endorsement for "Charitable Solicitation" has not been issued for the period January 1,2007 to present.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of this office to be affixed as of the 1st day of November 2010.

Linda Argo

Drrect~'Q /"

BY: __ ~~~ __ ~ __

Juva J. Hepburn

Program Manager

Business Licensing Division

Exh i bi-l- '3

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL

Civil LitigatiOn Division Public Advocacy Section

*** -.

-

BY HAND-DELIVERY

October 21,2010

Harry L. Thomas, Jr.

th .

2413 17 Street, N .E.

Washington, DC 20018

Re: Team Thomas

Dear Mr. Thomas:

The Office of the Attorney General's Public Advocacy Section is responsible for civil enforcement of the District of Columbia's charitable solicitations law, D.C. Official Code § 44- 1701 et seq., and is authorized by D.C. Official Code § 44-1712(c)(2) (2010 supp.) to subpoena testimony and documents pursuant to an investigation of solicitations that may have violated this law. The purpose of this letter is to request that information and documents needed for an investigation of certain charitable solicitations be produced voluntarily so as to avoid the need for a SUbpoena.

Recent media reports suggest that you may be involved with one or more non-profit organizations that are soliciting donations for "Team Thomas" without having complied with the District's registration requirement for charitable solicitations. Your Councilmember website states that you "co-founded DCTC-Team Thomas, a non-profit organization for social change, citizen empowerment, community development, and youth and senior program development .... Team Thomas is funded by grants, donations, and public and private partnerships."

The organizational registration records of the Department of Consumer and Regulatory Affairs (DCRA) show that you were the registered agent for Team Thomas, a nonprofit corporation, and for HLT Team Thomas/Swingaway LLC, a limited liability company. Both of these organizations' registrations were revoked by the Department for failure to file a two-year report. Neither organization was ever issued a license or certificate of registration authorizing charitable solicitations in the District of Columbia, and neither organization appears on the Internal Revenue Service's public list of organizations eligible to receive tax-deductible charitable contributions.

You are requested to provide, for each organization that has solicited donations in the District of Columbia since January 1, 2008 on behalf of or in connection with "Team Thomas," a copy of

Harry L. Thomas, Jr. October 21, 20lO Page Two

each license or certificate of registration authorizing charitable solicitations that was issued to the organization by the District of Columbia Government since January 1, 2006.

You are also requested to state or provide the following for each organization that, without a license or certificate of registration authorizing charitable solicitations in the District of Columbia, has solicited donations in the District of Columbia since January 1, 2008 on behalf of or in connection with "Team Thomas";

(1) the organization's (current or most recent) name, street address, mailing address (if different), phone number, email address, type of organization, State or District of organization, and date of establishment;

(2) copies of the organization' s (current or most recent) articles of incorporation and bylaws;

(3) whether the organization has ever applied for or been granted tax exempt status by the Internal Revenue Service and, if granted an exemption under 501(c), the date ofthe Internal Revenue Service's notification letter;

(5) a description of the organization'S purposes and programs since January 1,2008;

(4) the name and address of each of the organization's (current or most recent) officers, directors, executives, and accountants;

(10) the organization's total disbursements for expenses other than salaries in each calendar or reporting year since January 1, 2008;

(6) a description of the purposes and programs for which the organization has solicited donations since January 1, 2008;

(7) the organization'S total receipts from solicited donations in each calendar or reporting year since January 1, 2008;

(8) the organization's total disbursements for salaries in each calendar or reporting year since January I, 2008;

(9) the name and address of each person receiving a salary from the organization since January 1,2008, and the total dollar amount distributed to each such salaried person in each calendar or reporting year since January 1, 2008;

(11) the organization's total distributions to beneficiaries in each calendar or reporting year since January 1, 2008;

Harry L. Thomas, Jr. October 21,2010 Page Three

(12) the name and address of each of the organization's beneficiaries since January 1,

. 2008, and the total dollar amount distributed to each such beneficiary in each calendar or reporting year since January 1, 2008;

Sincerely,

(13) the name and address of each non-profit or governmental entity (e.g. foundation, public charity, combined campaign) from which the organization received support at any time since January 1,2008; and

(14) the name and address of each outside fundraising professional with which the organization contracted or engaged at any time since January 1, 2008.

As an alternative to issuance of a subpoena, you are requested to deliver the requested information by October 26,2010 to:

Bennett Rushkoff

Chief, Public Advocacy Section Office of the Attorney General

441 Fourth Street, N.W., Suite 600-S Washington, DC 20001

Please feel free to contact the undersigned at (202) 727-5173 or bennett.rushkoff@dc.gov if you wish to discuss any aspect of this inquiry.

PETER J. NICKLES Attorney General

By:

~NNE~~

Chief, Public Advocacy Section

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL

***

Civil Litigation Division Public Advocacy Section

ByE-Mail October 26.2010

Frederick D. Cooke. Jr .• Esq.

Rubin. Winston. Diercks. Harris & Cooke. L.L.P. 1201 Connecticut Avenue. N.W.

Suite 200

Washington. DC 20036

Re: Harry L. Thomas. Jr. - Team Thomas

Dear Mr. Cooke:

This Office has not yet received the information requested by my letter of October 21. 2010 to your client, Harry L. Thomas. Jr. Based on my conversation with you this afternoon. it is clear to me that no responsive information will be produced today, the last day for voluntary production of information as an alternative to issuance of a SUbpoena.

Therefore. this Office has issued a Subpoena Pursuant to D.C. Code § 44-1712(c)(2). which requires production of the requested documents not later than 4:00 p.m. 011 October 29.2010. A copy of the Subpoena is enclosed. The original Subpoena and a copy of this letter will be served separately on Mr. Thomas.

Sincerely.

PETER J. NICKLES Attorney General

By: g_ -:ii0 ~

BENNETT RUSHKOFF

Chief, Public Advocacy Section (202) 727-5173

Enclosure

441 Fourth Street, N.W., Suite 600-S, Washington, DC 20001

Civil Litigation Division Public Advocacy Section

-

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL

***

SUBPOENA PURSUANT TO D.C. CODE § 44-1712(C)(2)

TO: Harry L. Thomas, Jr. 2413 17th Street, N.E. Washington, DC 20018

The Attorney General for the District of Columbia has reason to believe that you may have information, or may be in possession, custody, or control of documentary material, relevant to an investigation of whether charitable solicitations have been solicited for "Team Thomas" in violation of the District of Columbia's charitable solicitations law, D.C. Official Code § 44-1701 et seq.

This subpoena requires you to produce, for each organization that has solicited donations in the District of Columbia since January 1, 2008 on behalf of or in connection with "Team Thomas," a copy of each license or certificate of registration authorizing charitable solicitations that was issued to the organization by the District of Columbia Government since January 1, 2006.

In addition, for each organization that, without a license or certificate of registration authorizing charitable .solicitations in the District of Columbia, has solicited donations in the District of Columbia since January 1,2008 on behalf of or in connection with "Team Thomas," you are required to produce documents sufficient to show the following:

(1) the organization's (current or most recent) name, street address, mailing address (if different), phone number, email address, type of organization, State or District of organization, and date of establishment;

(2) the organization's (current or most recent) articles of incorporation and by-laws;

(3) whether the organization has ever applied for or been granted tax exempt status by the Internal Revenue Service and, if granted an exemption under 501 (c), the date of the Internal Revenue Service's notification letter;

(4) the name and address of each of the organization's (current or most recent) officers, directors, executives, and accountants;

(5) a description of the organization's purposes and programs since January 1,2008;

(6) a description of the purposes and programs for which the organization has solicited donations since January 1, 2008;

(7), the organization's total receipts from solicited donations in each calendar or reporting

year since January 1, 2008; .

(8) the organization's total disbursements for salaries in each calendar or reporting year

since January 1,2008; ,

(9) the name and address of each person receiving a salary from the organization since January 1, 2008, and the total dollar amount distributed to each such salaried person in each calendar or reporting year since January 1, 2008;

(10) the organization's total disbursements for expenses other than salaries in each calendar or reporting year since January 1,2008;

(11) the organization's total distributions to beneficiaries in each calendar or reporting year since January 1, 2008;

(12) the name and address of each of the organization's beneficiaries since January 1, 2008, and the total dollar amount distributed to each such beneficiary in each calendar or reporting year since January 1, 2008;

(13) the name and address of each non-profit or governmental entity (e.g. foundation, public charity, combined campaign) from which the organization received support at any time since January 1, 2008; and

(14) the name and address of each outside fundraising professional with which the organization contracted or engaged at any time since January 1, 2008.

You are to deliver the responsive documents for review and copying, not later than 4:00 p.m. on October 29, 2010, to:

Bennett Rushkoff

Chief, Public Advocacy Section Office of the Attorney General

441 Fourth Street, N.W., Suite 600-S Washington, DC 20001

You may contact the undersigned at (202) 727-5173 or bennett.rushkofT@dc.gov if you have questions about this subpoena.

Issued: October 26,2010.

PETER J. NICKLES

Attorney General for the District of Columbia

By:

~NNETT1&H~

Chief, Public Advocacy Section

2

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

A REGISTERED LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW

SUITE 200

1201 CONNECTICUT A VENUE, NW WASHINGTON, D.C. 20036 202861-0870

FAX: 202429-0657 WVvW.R\VDHC.COM

October 28,2010

VIA EMAIL AND REGULAR MAIL

Peter Nickles, Esq.

Attorney General of the District of Columbia Office of the Attorney General

1350 Pennsylvania Avenue, NW

Suite 409

Washington, D.C. 2Q001

Re: Team Thomas Subpoena

Dear Mr. Nickles:

As you know, I represent Team Thomas, and Councilman Harry Thomas with respect to the matters raised in the letter issued on October 21, 2010, and with respect to the subpoena issued by your office to Team Thomas on October 26,2010.

At this point, I have advised my clients not to respond to the subpoena of October 26, 2010. My advice to my client is premised on the following:

Both the letter and the subpoena cite as the authority for your demand for testimony and documents D.C Code section 44-1701, et seq., i.e. the District's charitable solicitations law. I believe that the District's charitable solicitations law is inapplicable as authority for your agency to demand testimony and documents from Team Thomas, and your agency is, therefore, without authority to make such a demand by letter, or subpoena.

The District's charitable solicitations law applies to persons, or organizations soliciting (directly or indirectly), or receiving contributions that may be used for a charitable purpose. Team Thomas has not solicited (directly or indirectly), or received contributions that were used for a charitable purpose.

Team Thomas is a District of Columbia not for profit corporation that is not organized as a charity. Team Thomas is not registered with the Internal Revenue Service as a tax exempt charitable organization. Team Thomas operates programs for District youth. Team Thomas has not held itself out to be either a charity, or a tax exempt charitable organization. There are no facts reported in the media, or otherwise that Team Thomas has either held itself out to be a charity or a tax exempt charitable organization, or has issued any sort of document that it was

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

P. Nickles, Esq. October 28,2010 Page 2

such an organization. There are no facts that would tend to support any finding that Team Thomas has made any plea (directly or indirectly) for a contribution on any representation that such contribution would be used for any charitable purpose. The facts of this matter simply do not provide a basis for the exercise of jurisdiction by your office under the provisions of D.C. Code section 44-1701, et seq.

Your October 21, 2010 letter suggests that the basis of your inquiry to Team Thomas is "media reports" that Team Thomas has solicited donations without having complied with the District's regulations regarding charitable solicitations. Media reports alone are a pretty flimsy basis for a government official to initiate an investigation. The same media have reported that two (2) organizations donated funds to Team Thomas during 2008. The records ofDCRA (which are certainly available to your office) show that Team Thomas was validly existing in 2008.

Neither Team Thomas, nor any other non for profit corporation in the District is obligated to make financial records public. The media reports do not allege that Team Thomas, or Councilmember Thomas has misused any of the funds that may have been donated to Team Thomas. Why is Team Thomas being singled out for scrutiny? There does not appear to be any factual basis for your agency making any inquiry into the affairs of Team Thomas. How is the operation of Team Thomas materially different from the operation of any other not for profit organization in the District? Are similar inquiries being made of those organizations?

Despite the bullying, and ethically questionable tactics that you have employed, Councilmember Thomas and Team Thomas are absolutely amenable to sharing the information demanded in your subpoena with your office and the public. Late in the afternoon on October 26, 20 10, I had a verbal understanding with Mr. Rushkoff of your office that "at least" half of the information requested in your office's letter of October 21, 2010 would be provided no later than the morning of October 27,2010. Without any further notice, request, or demand from your office, I was emailed a copy of a subpoena from your office (at about 5:40PM) demanding the very same information.

If the information had not arrived on the morning of October 2ih, the issuance ofthe subpoena would make some sense. What possible difference could waiting until the next morning make to see if the information was actually provided? The answer, it seems to me, is that there is another agenda that supersedes actually receiving and analyzing the requested responses (Curiously, the regulations that implement the charitable solicitations law state that the Director ofDCRA shall administer the provisions of that law rather than OAG).

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

P. Nickles, Esq. October 28,2010 Page 2

You have chosen to make this a much more difficult and disagreeable undertaking than it needed to be. I reiterate the willingness of Team Thomas, and Councilmember Thomas to voluntarily provide you, and the public with the information requested in your letter of October 21, 2010. I also reiterate that at this point neither Team Thomas, nor Councilmember Thomas is amenable to voluntarily responding to the subpoena improvidently issued by your office on October 26,2010.

I look forward to your reply.

Yours truly,

/s/ Frederick D. Cooke, Jr. Frederick D. Cooke, Jr.

Attorney General

ByE-Mail

Dear Mr. Cooke:

ye:stelrday. yrou stcltethalt youhavead,{js(~d n~n.· ~l·;o~~o Team Thomas and

Coun(~ilnilanl H~V ThOlnll:5 n Pl:>eIJla i:ssu.edto lMr' -. Thomas on OctQber 26, ''vcfltil1taJrilvr pJnvide ... -the infol11lation

receive the te(~ut~stl:::d..iI1f'Oricnati()I11)Y"ltlosei client'> say they are re~;pCfndimft(nlle:~ul~pcfenaiC)rtothe]e1:tei.

informationby close today; wt::wiltpeltitiIDulhe

Monday. That's the bottomline.

I have to say that I am mystified by your suggestion that media reports cannot provide the basis for a government investigation, as well as by your statement that "[t]here does not appear to be any factual basis" for a government "inq' .into the affairs of Team Thomas." When a

reputable newspaperreportsthat'an :ffici . .oken the law, the government is

. fully justifie'd in inquiring furtqe . law haSIiotbeen broken. Th,e

public expects no less. In this am Thomas may have been active

since 2007 are corroborated by emberwelrsite, which currently

states that "Team Thomas isfunde ty grants, donations, and public and private partnerships. Each year, Team Thomas distributes turkeys to needy families .... " (empha,>es added).

I am equally mystified by your statement that there are no facts showing that Team Thomas has "held itself out to be a charity." On his Councilrnember web-site, Mr. Thomas describes Team Thomas as "a non-profit organization for social change, citizen empowerment, community development, and youth and senior program development." These stated purposes bring Team "Thomas well within the scope of the District's charitable solicitations law, which defines "charitable" to include "philanthropic, social service, patriotic, welfare, benevoient,or

1350 Pennsylvania Ave., NW, Suite 409, Washington, D~C. 20004, (202) 724-1301 ,Fax (202) 741-0580

EXhihi+7

Frederick D. Cooke, Jr.,.Esq . . Oetober 29;201 0

Pag~2

!><i~~~tift

operatlo . ..Il)iteriiallYdi' .' '.' ....• ....•.. ..' .: '., '> ' .~f;a1lY~ .. ' .. .•. .•....... . .t>t)~gapi7;i~(jnip

theUistricC' Team Thomas isoei~ginvestig~t~dbec~uw,despitene.yerhayingha.f1alic~e.to

solicit contributions inD.C~, it appears to.be.> and is described: by Mt.Thomas·as-"a charitable. organization funded by donations.

You state that, as a. nonprofit org:an;lza1tlOIi,. Team Thomas is not "obligated to make financial recordspuolic."

.' . . .1Iowever, wllcn,artQ17ga,11l2:aUoll ~ppe:3:rsto 00 p,v:t>ifino

DCRA's adininistrativeauthoritybysoliciting aIieense, it is time

forthe Attorney General toexercisehisstatqtoryatlthorityfoinvestigate whether the law is being violated. D,C. Official Code§ 44-1712(c)(2}{2010 supp.)

You contend that your assurance to Mr. Rtishkoff on"0qtober 26 that "half' the requested

info~ation would be producedbythe'mo .' . r 27- . r~e letter's deadline

for~olllntary production -made it unn . . On October

. 25, Mr: Rushkoffinformed fue that you had y;a list

shoWing\vhichof the requestedi.tems woUldbeptod y0ctober 26 and whichwoul(l be

produced later. You nevetprovided that list. .As a result, by the close of business on Ootober 26, we had no information in response to the October 211etter, no idea what information you were about to produce, and no confidence that what you were about to produce would be of any use. If, in fact, your clients were ready to produce the requested information on October 27, they should now have 110 difficulty producing the same information in response to the SUbpoena.

-i \.

Finally, youaccusemeofpursuing~"~genda:'th~t"supersedes"mylegitimate investigative purpo~e.Let me point out-that' l'mnottheoneiUnningforre~lectiQn. I willn6t aUowthis investigation be delayed for political purposes •

. P>'-:~,>,

Sin".C7J.·~'.' .. ·.·.·.'t .. y.·· ··.'n

I, n-:9"

_,_...._."-

Peter J. Nic .~". ~) Attorney Gd erarr0r the District of Columbia

!

.. ~ ----' J

(f~' (-

SUPERIORCOURT OF THE DISTRICT OF COLUMBIA . CIVIL DIVISION

Washington, D.C. 20001

Plaintiff

vs.

Civil Action No. ~ 2.~ Z -I () .

ORDER

Upon consideration of the m?tion Itt· ~ ~ ~ .ifu..w1 A-

lil.dar ~ iJd-f; ti. 0!f41tt;_~~

and after hearing argument on behalf of all parties concerned, it is, by the Court, this -< ~

day Of __ ~_"__~~' ' ' 20 I 0 ,

~~~~:~ motion be, and it is hereby, ~RANfEDP~ENIED"~ ~

(2) That ~ ¥,4,~e,rm._,JfJ 1V.:tJ:;;ft ~~ en d{_

?¥{nH4~6?.'lZ 3 n: * ~C( (Y~~ /1J!ii.ttt;

Copies to:

JUDGE

Form CV-S4S/Apr,03

Exhihi-l- 55

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

A REGISTERED LIMITED LIABILITY PARTNERSlllP INCLUDING PROFESSIONAL' CORPORATIONS ATTORNEYS AT LAW

SUITE 200

1201 CONNECTICUT AVENUE, NW WASHlNGTON,D.C.20036 202861-0870

FAX: 202429-0657 WWW.RwDHC.COM

November 23, 2010

VIA EMAIL AND HAND DELIVERY

Bennett Rushkoff, Esq.

Chief, Public Advocacy Section Office of the Attorney General

441 Fourth Street, N. W., Suite 600-S Washington, DC 20001

Dear Mr. Rushkoff:

Pursuant to your ·letter request dated October 21, 2010, provided below are the responses regarding Team Thomas. The organization's Certificate of Reinstatement was issued by DCRA on October 17,2008. Its Certificate of Good Standing was issued by DCRA on October 17, 2008, and Team Thomas was authorized to conduct its affairs in the District of Columbia for 2007 and 2008 (See attachment A). Efforts will be made to file reports required by the District of Columbia Nonprofit Corporation Act for 2009.

(1) Team Thomas, 1818 New York Avenue NE, Washington, DC 20002 or the organization's (current or most recent) name, street address, mailing address (if different), phone number, email address, type of organization, State or District of organization, and date of establishment;

Team Thomas

2413 17th Street NE Washington, DC 20018-2051 (202) 493-5103

Email: Not applicable.

Type of Organization: Domestic Non Profit Corporation State: District of Columbia

Date of Establishment: 02/04/2000

(2) copies of the organization's (current or most recent) articles of incorporation and bylaws;

Articles of incorporation (See attachment B). .

By-laws (See attachment C).

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

,

B. Rushkoff, Esq. November 23,2010 Page 2

(3) whether the organization has ever applied for or been granted tax exempt status by the Internal Revenue Service and, if granted an exemption under 50 1 (c), the date of the Internal Revenue Service's notification letter;

The organization applied for the tax exempt status from the Internal Revenue Service (IRS). However, the. decision was made to discontinue the application process. Team Thomas has never held itself out to be a 501 ( c)3 tax exempt organization, or a tax exempt organization or charity that would allow the individual or entity to qualify for a federal tax deduction.

(4) the name and address of each of the organization's (current or most recent) officers, directors, executives, and accountants;

Harry "Tommy" Thomas, Jr. - President, 2413 l Zth Street NE, Washington, DC 20018 Diane Thomas - Vice President

Debra Truhart - Secretary

(5) a description of the organization's purposes and programs since January 1,2008;

Team Thomas was created to develop and support urban youth swing sports. The Team Thomas SwingAway/DC First Swing program is a non-profit urban youth program that introduces boys and girls to swing sports: golf, tennis and softballibaseball (See attachment D). It also provides interactive learning experiences by connecting kids to our city's recreation centers and libraries.

(6) a description of the purposes and programs for which the organization has solicited donations since January 1,2008;

The Team Thomas SwingAwaylDC First Swing program is a non-profit urban youth program that introduces boys and girls to swing sports: golf, tennis and softballibaseball (See attachment D). A youtube video on the Fore Our Youth Golf Tournament can be viewed by clicking on the

link below. .

http://www.youtube.com/watch?v=9GKJu6NViOY

(7) the organization's total receipts from solicited donations in each calendar or reporting year since January 1,2008;

Total receipts in 2008: Approximately $188,110. Total receipts in 2009: Approximately $28,021. Total receipts in 2010: Approximately $28.

(8) the organization's total disbursements for salaries in each calendar or reporting year since January 1, 2008;

None. Team Thomas operates with volunteers, and no one in paid a salary.

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

B. Rushkoff, Esq. November 23,2010 Page 3

(9) the name and address of each person receiving a salary from the organization since January 1, 2008, and the total dollar amount distributed to each such salaried person in each calendar or reporting year since January 1, 2008;

None. Team Thomas operates with volunteers, and no one is paid a salary.

10) the organization's total disbursements for expenses other than salaries in each calendar or reporting year since January 1, 2008;

Total disbursements for expenses in 2008: Approximately $199,277. Total disbursements for expenses in 2009: Approximately $27,480 Total disbursements for expenses in 2010: Approximately $26.

11) the organization's total distributions to beneficiaries in each calendar or reporting year since January 1,2008;

None. Team Thomas makes no financial distributions to the youth who participate in its programs.

(12) the name and address of each of the organization's beneficiaries since January 1, 2008, and the total dollar amount distributed to each such beneficiary in each calendar or reporting year since January 1,2008;

None. Team Thomas' "beneficiaries" are the youth that participated in the various programs Team Thomas organized. They are not recorded or maintained for reporting purposes to regulatory agencies, etc.

(13) the name and address of each non-profit or governmental entity (e.g. foundation, public charity, combined campaign) from which the organization received support at any time since January 1, 2008; and

None.

(14) the name and address of each outside fundraising professional with which the organization contracted or engaged at any time since January 1,.2008.

Team Thomas has not contracted or engaged with any outside fundraising professional since January 1, 2008.

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

B. Rushkoff, Esq. November 23,2010 Page 4

Please feel free to contact me if you have any questions regarding this response.

YO:~Y; _. 7:iU \

-tredenCk D. Cooke, Jr. c-\

~~~_j

Attachment B

".
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- GOVERNMENT OF THE DISTRICT OF COlUMBIJ DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

* * *

C E R T I FIe ATE

THIS IS TO CERTIFY that all applicable provisions of the District of Colurnl NonProfit Corporation Act have been complied with and accordingly, this CERTIFICA TE OF INCORPORA TION is hereby issued to:

TEAM THOMAS

IN WITNESS WHEREOF I have hereunto set my hand and caused the SE office to be affixed as of the 4th day of February, 2000 •

Uoyd J. Jordan Director

Harold F. Nelson Acting Administrato Business Regul Q

A

11/312010

.:.. .. ,

" \.

ARTICLES OF INCORPORATION OF

TEAM THOMAS

TO: Department of Consumer and Regulatory Affairs Business Regu Administration Corporations Division 614 H Street, NW Washington, D.C. 20001

The natural persons signing below adopt the following" Article of IneOJ the District of Columbia Nonprofit Corporation Act. Each person is c of age.

FIRST: The name of the corporation is TEAM THOMAS.

SECOND: The period of duration is perpetual.

THIRD: The purpose or purposes for which the corporation is org;

(a) exclusively, for charitable and educational purposes w meaning of section 501(c)(3) of the Internal Revenue C (the Code) as amended;

(b) to educate, inform, develop, nurture and increase pubi concerning rights, opportunities and privileges availal civic action;

(c) to engage in all activities permitted by the Act inciderr Furtherance of those purposes mentioned herein.

FOURTH: The corporation may have one or more classes of member provided in its by-laws.

FIFTH: Except for the initial Board of Directors, set forth in these. size and manner of elections or appointment of the corp or of Directors shall be as provided in its by-laws.

No part of the net earnings of the corporation/organizatio to the benefit of, or be distributable to its members, trustee officers or other private persons, except that the

111312010

Notwithstanding any other provision of these articles, the corporation/ organization shall not carry on any other actii permitted to be carried on (a) by a corporation/organizatk from Federal income tax code) or (b) by a corporation/org, contributions to which are deductible under section 170(c} Internal Revenue Code (or corresponding section of any fu Tax code).

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,

.

SIXTH:

SEVENTH

EIGHTH:

NINI'H:

1113/2010

The corporation shall issue no stock and its net earnings sl exclusively to charitable, educational and scientific purpo~ provided in Article 3 hereof, and no part thereof shall inur benefit of or be distributable to its members, directors, off private persons, except that the corporation may pay rease compensation for services rendered and expenses Incurrer and may otherwise make payments and distributions in ft the purposes set forth in Article 3 hereof.

Upon the dissolution of this corporation/ organization asst distributed for one or more exempt purposes within the m section 501(c)(3) of the Internal Revenue Code, or correspc of any future Federal tax code, or shall be distributed to tl government, or to a state or local government, for a public

Provisions for the regulation of the.internal affairs of the c including provisions for the distribution of assets on disso final liquidation shall be provided for in the by-laws.

The address, including street, number and zip code, of th€ registered office is 1818 New York Avenue, Northeast, Washington, D.C. 20002 and the name of the initial registe such address are Mr. Harry L. Thomas, Jr.

The number of directors constituting the initial Board ofI four; and the names and addresses, including street and n code, of the persons who are to serve as the initial dtrectoi Annual Meeting or until their successors are elected and c

~. .:

• 0:

..

TEN'l'H;

The names and addresses, including street number and zi incorporator is:

NAME

Harry L. Thomas, Jr. Diane L. Thomas Debra Truhart Romaine B. Thomas

ADDRESS

241317th Street, N.E. Washingtonj 2413 17th Street, N.E. Washington} 3817 - 17th Street, N .E. Washingto 4003 -- 21st Street, N.E. WashingtoI

Signature of Incorporator

--x-....."....._~~--...,_--- Da ~~~~~~~~ __ ~ __ ~Di

~~~==~~~~~~ __ ~Dt '-~"tD/.rV'Lr'V Dr

L ~I'b().("o. 0. ~ Om f son, a Notary Public, in the District of Co:

certify that on the ~~l'lIJt:: i. Tl-Wl»$) 'N

3Y'"~ Day of EehrvQr~ .soo: )lArrM L ... Ad Mg~.U:r

Appeared before me and Signed the foregoing Articles df Incorporatior incorporators, and acknowledged that the contents of the document are

(NOTARY SEAL)

<&~cwJ~. J.h~

Notery Public

111312010

-,

Attachment C

...

Team Thomas Inc. Non profit

ARTICLE I Offices

1. The registered office of the Corporation shall be at Washington D.C.

2. The Corporation may also have offices as such other places as the Board of

Directors may appoint or the activities of the corporation may require.

BY LAWS -- ARTICLE II Seal

The Corporate Seal shall have inscribed thereon the name of the Corporation, the year of its organization and the words "Corporate Seal, Washington D.C."

BY LAWS -- ARTICLE III Purpose

The purpose of DCTC Team Thomas is to develop training and implement training programs that connect to vocational educational and technology opportunities as well as to promote, develop and supervise the participation by persons who reside within the Washington D.C. Metropolitan area in programs of youth activities, particularly organized sports will teaching job development skills through sports like field maintenance and management. Team Thomas strives to assist members and participants in developing mentally, socially and physically and thereby developing qualities of good citizenship and sportsmanship. Encompassed in these qualities are self-confidence and the willingness to learn the value of self-esteem, self-confidence, team plan and physical fitness. The importance of winning shall be de-emphasized in favor of the joy of participation until the upper levels of the various sports leaming management and all business aspects of the sports industry will be emphasized as well as life long learning skills and connecting to job opportunities.

BY LA WS -- ARTICLE IV Meetings

1. Meetings of the members shall be held at Washington D.C. location, or at such

other places as may from time to time be selected.

2. Meetings of the Corporation shall be held as follows: One General meeting

every 3 months as designated by the Board of Directors.

3. Special meetings of the members may be called at any time by the President, or

the Board of Directors, or by a majority of the members of the Corporation 51 %. At any time, upon written request of any person entitled to call a special meeting, it shall be the duty of the Secretary to call a special meeting of the members to be held at such time as the Secretary may fix, not less then five or more then ten days after the receipt of the request. If the Secretary shall neglect or refuse to issue such call, the person or persons making the request may call the meeting. Business transacted at all special meetings shall be confined to the subjects stated in the call and matters germane thereto.

4. Written notice of every special meeting of the members, stating the time, place

and agenda thereof, shall be given by or at the direction of the person authorized to call the meeting, to each member of record entitled to vote at the meeting, unless a greater period of notice is required by statute in a particular case.

5. A Members' meeting duly called may not transact business unless a quorum is

present. The presence in person of 51 % of the members entitled to vote shall constitute a quorum at all meetings of the members for the transaction of business except as may be otherwise provided by law or by the Articles of Incorporation. The members present at a duly organized meeting can continue to do business until adjournment; however, a meeting can continue if a quorum is not present. If a meeting cannot conduct business because a quorum has not attended, those present may, except as otherwise provided by statue, adjourn the meeting to such time and place as they may determine, In the case of any meeting called for the election of directors, those who attend the second of such adjourned meeting, although less than a quorum shall nevertheless constitute a quorum for the purpose of electing directors.

6. Meetings shall be run according to Robert's Rules of Order.

BY LAWS - ARTICLE V Members

1. A member shall be a person of at least 18 years of age who is a resident of the

United States, and must be an active coach, volunteer or employee of Team Thomas.

2. A voting member shall be a person of at least 18 years of age who is active

participant/member of Team Thomas, or an active coach, volunteer or employee of Team Thomas, and who has attended two prior general meetings within the past six months.

3. Junior Membership - Any person less than 18 years of age who has completed

one season's participation or paid camp as a registered paying player in at least one sport in the Team Thomas programs and is eligible to participate in any program shall be eligible for junior membership. Junior members shall be nonvoting members. They shall, however, be authorized to act as coaching assistants for any league activity and may assist in the officiating at intra-league events under the jurisdiction of the commissioner of that sport.

4. No member may transfer his membership or any right arising there from.

BY LAWS - ARTICLE VI Directors

1. The business of this Corporation shall be managed by its Board of Directors, up

to fifteen (15) in number, who shall be persons of at least 18 years of age, who are citizens of the United States of America and who shall be members of this corporation. The Board of Directors will consist of the Executive Officers, which

are President, Vice President of Operations, Vice President of Administration, Treasurer, Secretary, Fundraising Coordinator, and Commissioners. Directors shall be elected at the November meeting of the members of the Corporation and each director shall be elected for the term of two years and until a successor shall be elected and qualify.

2. The terms of the Directors of the Corporation will be for two years and will be

eligible to serve with no limits as to the number ofterms of office.

3. In addition to the powers and authorities by these By-Laws expressly conferred

upon them, the Board of Directors may exercise all such powers of the Corporation and do all such lawful acts and things as are not by statute or by these By-Laws directed or required to be exercised or done by the members.

4. The meetings of the Board of Directors may be held at such times and at such

places as a majority of the Directors may appoint, or as may be designated in the notice calling the meeting.

5. Notice of every meeting of the Board of Directors shall be given to each Director

at least five days prior to the day named for the meeting.

6. A majority of the Directors in office shall be necessary to constitute a quorum for

the transaction of business, and the. acts of a majority of the Directors present at a meeting at which a quorum is present, shall be the acts of the Board of Directors.

7. Should a Commissioner's position become vacant and a replacement person not

recruited and confirmed by majority vote of the members, that.sport's activities shall cease forty-five days after the position became vacant.

8. Should an Officer's position become vacant and a replacement person not

recruited and confirmed by majority vote of the members, all activities related to the position shall cease sixty days after the position became vacant.

BY LAWS -- ARTICLE VII Officers

1. The Executive Officers of the Corporation shall be chosen by the majority vote

of the members and shall consist of a President, Vice President of Operations, Vice President of Administration, Treasurer, Secretary, Fundraising Coordinator, and the Commissioners of all of the sports activities. All elected Officers will be Directors and shall be persons of at least 18 years of age. Multiple offices may be held by the same person with full voting rights for each office. The Board of Directors may secure the fidelity of any or all such officers by bond or otherwise.

2. The President shall be the Chief Executive Officer of the Corporation, shall

preside at all general meetings of the members and the meetings of the Board of Directors, shall have general and active management of the affairs of the

Corporation, shall see that all orders and resolutions of the Board are carried into effect, subject to the right of the Directors to delegate any specific powers, except as may be by statute exclusively conferredon the President or to any other Officer or Officers of the Corporation. He/She shall execute bonds, mortgages and other documents requiring a seal, under the seal of the Corporation, shall be ex-officio a member of all committees and shall have the general powers and duties of supervision and management usually vested in the office of the President.

3. The Vice President with seniority (in the case of a tie, the VP of Administration)

shall act in all cases for and as the President in the President's absence or incapacity, and shall perform such other duties as he/she may be required to do.

4. The Vice President of Administration shall be responsible to establish,

administer and oversee all fundraising activities. He/she is also responsible for all issues relating to insurance and public relations.

5. The Vice President of Operations shall be responsible for the maintenance of the

building and grounds. He/she will be responsible for maintaining a staff of employees for the upkeep of the grounds. The Vice President of Operations shall also be responsible for the development of the physical plant. Projects must satisfy the following criteria:

• Be consistent with the Team Thomas purpose, and not interfere with the

operation of existing programs.

. .

• Be funded by resources identified for that specific project

• Receive the endorsement of the Board of Directors

• Be approved by majority vote at a general meeting of the members if

estimated to cost over $24,000.00 per item. If the project is estimated to cost over $24,000.00, it must be proposed at one General Meeting and approved by membership vote at a subsequent General Meeting.

6. The Treasurer shall have custody of the corporate funds and securities and shall

keep full and accurate accounts of receipts and disbursements in books belonging to the Corporation, and shall keep the money of the Corporation in a separate account to the credit of the Corporation. He/She shall disburse the funds of the Corporation as may be ordered by the general membership or the Board, taking proper vouchers for such disbursements. He/She shall render to the President, Directors, and members at the general meetings of the Board of Members, or whenever they may require it, an account of all his/her transactions as Treasurer and of the financial condition of the Corporation.

The Treasurer shall also supervise and approve all purchases over $10.000.00. The Commissioners will have $1000.00 petty cash. Purchase Orders must be signed by the

Treasurer before issuance. The purchase orders will be three-part, with one each for:

Commissioner, Treasurer, and Vendor. All vendors will be solicited starting in January

.7. The Secretary shall attend all sessions of the Board of Directors and all general

meetings of the members and act as clerk thereof, and record all the votes of the Corporation and the minutes of all its transactions in a book to be kept for that purpose; and shall perform like duties for all committees of the Board of Directors when required He/She shall give, or cause to be given, if required notice of all meetings of the members and of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or President, under whose supervision he/she shall be. He/She shall keep in safe custody the Corporate Seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it. Also, the secretary shall handle any and all duties involved with billboards, contracts, and team sponsorship contracts.

8. Fund raising Coordinator shall oversee the operations of the concession stand.

He/she will be responsible for maintaining a staff of employees in any concession stand and be responsible for the scheduling/coordinating of all volunteers for team nights and special events including tournaments.

9. Commissioners shall coordinate their program, recruit coaches, assistant

coaches, fundraising help, provide officials, purchase equipment, establish schedules, review rules, select assistants, assign duties, and prepare operations budgets for their sport. The Commissioners shall report on their sports' activities and meetings at the next general meeting, for the general knowledge of the membership but not for approval, unless an issue or action directly affects of the other programs of the Corporation.

BY LAWS -- ARTICLE VIn Vacancies and Elections

1. If the office of any director or officer, one or more, becomes vacant for any

reason, a replacement to serve for the remainder of the unexpired term may be elected by a majority vote of the members. The President may appoint acting officers/directors to fill vacant positions until a confirmation vote can be obtained. This vote will be taken at the next General Meeting of the Corporation. The President also can assign duties ofthe president to an appropriate designee.

2. Board of Directors positions vacant due to normal end of a served tenn shall be

filled by election at the November general meeting of the member of Team Thomas.

3. Candidates for these positions shall be identified and recruited by a nominating

committee consisting of at least three members of the Board or four members of Team Thomas. The nominating committee should have a full slate for the November election, but if positions have no candidates, the election for the other positions will occur regardless. The nominating committee shall be responsible to continue the effort to fin the remaining open positions continuously.

4. Members of the Corporation shall be entitled to vote in elections for each officer

or director providing they have attended two prior general meetingwithin the past six months. The candidate receiving the largest number of votes will be elected. No member shall sell votes for money or anything of value. Upon request of a member, the books or records of membership shall be produced at any general or special meeting of the Corporation. If at any meeting the right of a person to vote is challenged, the presiding officer shall require such books or records to be produced as evidence of the rightofthe person challenged to vote, and all persons who appear by such books or records to be members may vote. The right of a member to vote and his right title and interest in or to the corporation or its property shall cease on the termination of his membership.

BY LAWS -- ARTICLE IX Books and Records

1. The Corporation's Secretary shall keep available records of the minutes of the

meetings of the members and of the Directors, a membership register giving the names of the members in alphabetical order and appropriate and complete records of its finances.

2. Every member shall have the right to examine in person, or by agent or attomey,

at any reasonable time or times, for any reasonable purpose, the books of account, the membership register and the records of the proceedings of the members and directors.

3. The Corporation shall have all its financial books and records audited by an

independent auditor annually.

"BY LAWS - ARTICLE X Budgets

A proposed Budget shall be presented by each Commissioner to the Board of Directors and held with the treasurer one month before the first day of practice or play for that sport.

BY LAWS -- ARTICLE XI Transaction of Business

1. The Corporation shall not borrow money, or purchase, sell, lease away, or

otherwise dispose of any real estate, unless and until a resolution authorizing same shall have been approved by a majority of the Board of directors members of the Corporation present at a regular or special meeting, duly convened upon proper notice of this purpose. Such a resolution authorizing the borrowing of money must specify the particular sums, rates of interest or times of maturity of the loans. All proceeds derived from any loan, sale, lease, ground rent or mortgage, shall be faithfully and specifically used for or applied to the lawful activities of the Corporation, and in case cash proceeds are derived from any real estate subject to a trust, the trust shall be impinged upon such proceeds.

2. The Corporation shall have the right and power to receive and collect money to

the extent necessary for the accomplishment of the purpose or purposes for which it is organized, and in so doing, may make an incidental profit. All money so received or collected shall be applied to the maintenance and operation or the furtherance of the lawful activities of the Corporation, and in no case shall such money be divided or distributed in any manner whatsoever among the members of the Corporation.

3. All checks or demands for money and notes of the Corporation shall be signed

by such offers as the Board of Directors may designate. The Board of Directors shall authorize three (3) officers to sign checks. At least two (2) of the three (3) authorized officers shall be required to sign all checks.

4. In the event of lack of interest or dissolution of the Corporation, a.k.a.

Team Thomas Inc., the general fund will be placed in a trust and a trustee. The. salary of Trustee shall be determined by the Board and shall be paid from the trust account. This arrangement shall be in effect for a period of not more than ten years or until such trust fund is depleted.

BY LAWS - ARTICLE XII Annual Statement

1. The President shall present, at each December meeting, a full and complete

statement of the activities and affairs of the Corporation for the preceding \ calendar year. The Board of Directors shall keep accurate accounts of all trust funds, separate and apart from the other funds of the Corporation, and shall unless the terms of the particular trust instrument provide otherwise, make an Annual Report, signed by the Treasurer, to the members of the Corporation concerning the trust funds held and the use made of such funds and of the income thereof.

BY LAWS - ARTICLE XIII Notices

Whenever written notice is required to be given to any person, it may be given to such person either by sending a copy thereof through the mail, charges prepaid, to his/her address appearing on the books of the Corporation or supplied by himlher to the Corporation for the purpose of notice. lfthe notice is sent by mail, it shall be deemed to have been given to the person entitled thereto when deposited in the United States mail for transmission to such person. Such notice shall specify the place, day, and hour of the meeting, and in the case of a special meeting, the general natureof the business to be transacted.

ny LAWS - ARTICLE XIV Amendment~ These By-Laws may be altered, amended, or replaced by a majority vote of the members of the Corporation who are present and entitled to vote at any general meeting duly convened. Final voting of such amendments shall be determined at the next general meeting.

Attachment D

COUNCIL OF THE DISTRICT OF,

THE JOHN A. WILSON BUILDING 1350 PENNSYLVANIA A VENUE, NW ROOM 107 WASHINGTON, DC 20004

* * * -

-

HARRY THOMAS, JR.

COUNCILMEMBER WARD 5

TEL: 202-724-8028

FAX: 202-724-8076 HTHOMAS@DCCOUNCIL.US

Media Advisory March 18,2008

Contact: Grace Lewis

Phone: 202.724.8067

Email: glewis@dccounciLus

Councilmember Thomas Announces Spring Break ''Swing Sports" Day Camp

Washington DC-Ward 5 Council member Harry "Tommy" Thomas, Jr. announces DC's first-ever spring break "swing sports" day camp for 100 youngsters. The day camp will be held at Turkey Thicket Recreation Center from Monday, March 24, 2008 through Friday, March 28, 2008. The camp is an initiative of the DC Department of Parks and Recreation, the Greater Washington Sports Alliance, Langston Legacy, and Team Thomas. Camp details are listed below.

The week-long day camp, which coincides with the spring break of DC Public Schools, is the first of its kind in the District and will provide instruction in baseball/softball, tennis, and golf. The camp will keep kids busy from 8:30 am until 5 pm. Mornings will be spent practicing baseball and softball. During the ear1y afternoon, kids will go to Langston Golf Course to learn to drive, put, and chip. After returning to Turkey Thicket at 3 pm, camp attendees will take tennis lessons. Parents must complete a registration form and a signed waiver to enroll their children. Interested parents should call Angel Nix at 202.724.8028.

"Too often our children have nothing constructive to do during spring break," said Council member Thomas. "I wanted to break that trend and provide kids with a fun week of physical activities that exposes them to the various swing sports. As Chair of the Council's Committee on Libraries, Parks, and Recreation, my goal is to ensure that our recreation centers offer sports camps like this throughout the year," said Thomas.

Who:

What:

Ward 5 Councilmember Harry "Tommy" Thomas, Jr.,

2008 Spring Break "Swing Spotts" Camp, an initiative of the DC Department of Parks and Recreation, Langston Legacy, the Greater Washington Sports Alliance, and Team Thomas

8:30 am to 5 pm, Monday, March 24 through Friday, March 28, 2008 Turkey Thicket Recreation Center, io" Street and Michigan A venue, NE (transportation to Langston Golf Course is provided)

When:

Where:

###

EXhi hi+ IO

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THEATfORNEY GENERAL

Civil Litigation Division Public Advocacy Section

*** -

-

ByE-Mail

November 24,2010

Frederick D. Cooke, Jr., Esq.

Rubin, Winston, Diercks, Harris & Cooke, L.L.P. 1201 Connecticut Avenue, N.W.

Suite 200

Washington, DC 20036

Re: Team Thomas

Dear Mr. Cooke:

The enc1osedSubpoena Pursuant to D.C. Code § 44-1712(c)(2) is issued to Harry L. Thomas, Jr., in his capacity as President of Team Thomas. If you inform me by 3 p.m. today that you accept service ofthis subpoena on behalf ofMr. Thomas, I will mail the original copy to your office instead of arranging for it to be served this afternoon on Mr. Thomas.

The information that you provided yesterday in response to my October 21,2010 letter to Mr. Thomas shows that, without being lawfully authorized to solicit charitable contributions in the District of Columbia, Team Thomas has received approximately $216,000 in solicited donations since January 1,2008. There is no public record, such as an IRS Form 990, that might provide some assurance that these funds, or any noncash contributions, have been used for the purposes for which they were contributed. Moreover, the fact that Team Thomas has solicited these contributions without having beengranted tax exempt status by the Internal Revenue Service raises concerns that the contributors may not have understood that their contributions were not tax deductible.

The purpose of the enclosed subpoena is to assist this Office in determining whether to bring a civil enforcement action seeking injunctive and other equitable relief in response to the solicitations of charitable contributions by Team Thomas. The response deadline is Wednesday, December 1,2010, at 4:00 p.m.

Please contact me at (202) 727-5173 or bennett.rushkoff@dc.gov if you wish to discuss this letter or the SUbpoena.

441 Fourth Street, N.W., Suite 600-S, Washington, DC 20001

Frederick D. Cooke, Jr., Esq. November 24,2010

Page Two

Sincerely,

PETER J. NICKLES Attorney General

By:

!1 :.;I:f!: ~ L.t://

BENNETT RUSHKOFF ~ Chief, Public Advocacy Section

(202) 727-5173

Enclosure

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL

Civil Litigation Division Public Advocacy Section

*** -

-

SUBPOENA PURSUANT TO D.C. CODE § 44-1712(C)(2)

TO: Harry L. Thomas, Jr., President Team Thomas

2413 1 ih Street, N.E. Washington,DC 20018-2051

The Attorney General for the District of Columbia has reason to believe that you may have information, or may be in possession, custody, or control of documentary material, relevant to an investigation to determine whether to bring a civil enforcement action for injunctive and other equitable relief against any solicitations made on behalf of Team Thomas in violation of the District of Col urn hi a's charitable solicitations law. D.C. Official Code § 44-1712(c)(1);

This subpoena requires you to produce documents sufficient to show, separately for each calendar or reporting year since January 1, 2008, all of the financial information requested by the attached Financial Report for Charitable Solicitations form (issued 5-11-07). Alternatively, you may complete the form separately for each calendar or reporting year, including the certification at the bottom of the second page. Additional copies of the form may be obtained by going to the home page of the District Government's web-site (www.dc.gov) and typing "charitable solicitations financial report" in the search box.

For the period since January 1,2008, you are also required to produce documents sufficient to show:

(1) each individual contribution of$250 or more received by Team Thomas, including the name and address of the donor, the place of solicitation (if different than the donor's address), and the date the contribution was received;

(2) each noncash contribution with a value of $250 or more received by Team Thomas, including the name and address of the donor, the date the contribution was received, and a description of the item or items received;

(3) each individual disbursement of $250 or more by Team Thomas, including the purpose of the payment, the method of payment, the name of the payee, and the date of the payment; and

EXhtbi+ II

(4) the name and address of each person who solicited contributions on behalf of Team Thomas.

In addition, you are required to produce:

(1) all documents used by Team Thomas to solicit contributions since January 1,2008;

(2) all documents in your possession or control that refer to contributions to Team Thomas being tax deductible or not tax deductible;

(3) all documents used by Team Thomas to report or publicize its activities since January 1,2008;

(4) all certificates of good standing and certificates ofreinstatement issued by the District of Columbia Department of Consumer and Regulatory Affairs for Team Thomas;

(5) all applications and forms that Team Thomas has filed with the District of Columbia Office of Tax and Revenue;

(6) all applications and forms that Team Thomas has filed with the Internal Revenue Service;

(7) all audits of Team Thomas financial statements since January 1,2007; and

(8) all minutes of Team Thomas Board meetings since January 1,2007.

You are to deliver the responsive documents for review and copying, not later than 4:00 p.m. on December 1, 2010, to:

Bennett Rushkoff

Chief, Public Advocacy Section Office of the Attorney General

441 Fourth Street, N.W., Suite 600-S Washington, DC 20001

You may contact the undersigned at (202) 727-5173 or bennett.rushkoff@dc.gov if you have questions about this subpoena.

Issued: November 24,2010.

PETER J. NICKLES

Attorney General for the District of Columbia

By:

Chief, Public Advocacy Section

2

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Ill. •• liS ; ill'll , ••

__ f _ ~ [ _ -:. ,-;. < __ d' • _

l. Name (as on certificate) __: ~ _

2. Admess ~ ~ __

3. Certificate No. Period covered by certificate __

4. Solicitation Dates: From

-----------

To __

5. Name under which solicitation conducted: ~ __

6. Were paid solicitors used? Yes [J No [J

If you answer yes, attach a list of the solicitors and the amounts paid to each.

7. Will financial records be audited for the period covered by this report? Yes __g

Have the financial records been audited for this period? Yes ___g

No __ ..._;O=' ....

No __ -'O= .... =-

8. Name of Audit Firm Phone Number~---------- __

Admess, ~ _

1. Period covered by campaign fmancial statement _

2. Cash on hand and in the bank

$.------~-

Receipts from Solicitations:

3. Person to person solicitation

4. Mail Solicitation

5. Sale of tickets (gross)

6. Other solicitations (Specify -'

7. All other receipts

8. Total receipts

9. Total funds to be accounted for

$._----$.------$------$-------

$------~

$------$-------

Disbursements:

10. Executive Staff (Number _)

11. Clerical staff (Number_)

12. Solicitors (see item 6 above)

13. Other salaries (Number )

14. Total salaries

15. Professional fund raising fee

16. Telephone and telegraph

17. Postage

18. Stationary and printing

19. Auditing cost for campaign

20. Campaign supplies

21. Advertising and publicity ( exclude salaries)

22. Travel and transportation

23. Campaign meetings

24. Cost of tickets (when purchase at discount)

25. All other (itemize all items costing over $500 on a separate sheet)

26. Total cash disbursements

27. Cash balance to be accounted for

$_----$_----$_----$_----$-------$-------

$-------

$------$_----$_------$-------$_----$-------$------$_----$-------

$_-----

$_------

Department of Consumer & Rt.'gulatory Affairs

1100 4tl1 Street, SW. 'Nashington. DC 20024 {> Phone (202) 442-4400 Fax: (202) 442-4523 For Relay Service cail 711 0 Email: bbl.infocenter@dc.gov

CASH BALANCE DISTRIBUTION

Distribution to beneficiaries: (give name, address and amount)

1.

Name __

$.

Admess ~------------------------------------~---

2.

Name ~ --

$,----,----

Admess _

3.

Name ~ ------

$.---------

Admess __ ~ ~ ---------------

4.

$------'-

Name __

Address ~ _

5.

$,-------

Name __

REMAINING CASH BALANCE TO BE DISBURSED AS FOLLOWS:

Distribution: (give name, address and amount)

1.

$,----.......:....--

Name __

Address _

2.

Name __

$_----

Address _

3.

Name __

$,-----

Address _

4.

Name ~ __

$._-----

Address _

Total to be disbursed:

$--~---

I CERTIFY THIS FINANCIAL STATEMENT TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

Signamre __

Name (printed) _

Title -------- __

Date submitted _

Filing of financial report in substitute form subject to conditions and approval

Department of Consumer & Regulatory Affairs

1100 4th Street SW. Washington, DC 20024 (> Phone (202) 442-4400 Fax: (202) 442·4523 For Relay Service cal! 711 c Email: bbl.infocenter@dc.gov

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

A REGISTERED LIMITED LIABILITY l' ARTNERSI-fll' INCLUDING PROFESSIONAL CORPORA nONS ATTORNEYS AT LAW

SUITE 200

1201 CONNECTICUT AVENUE,NW WASHINGTON, D.C. 20036 202861-0870

FAX: 202 429-0657 W'WW.R'\lDHC.COM

December 1, 2010

VIA EMAIL AND REGULAR MAIL

Peter Nickles, Esq.

Attorney General of the District of Columbia Office of the Attorney General

1350 Pennsylvania Avenue, NW

Suite 409

Washington, D.C. 20001

Re: Team Thomas Subpoena II

Dear Mr. Nickles:

As you know, my client (Team Thomas) provided the requested responses to your letter of October 21,2010 on November 23,2010. In your letter of November 24,2010, you advise my client that your Office has issued a second subpoena in which you request additional information to assist your Office in determining whether to bring a civil enforcement action seeking injunctive and other equitable relief in response to the solicitations of charitable contributions by Team Thomas. I do not believe that the subpoena requests information that is likely to be either probative, or relevant to your making a determination of whether to bring a civil enforcement action seeking injunctive and other equitable relief in response to the solicitation of charitable contributions that you allege have been made by Team Thomas. At this time, my client is unwilling to voluntarily respond to your subpoena. Please note the following in response to your letter/subpoena of November 24, 2010.

Because your November 24,2010 letter does not state that the information provided by my client in response to your letter of October 21,2010 was not responsive to that letter, I must assume that the information was responsive to your October 21, 2010 letter. If my assumption in this regard is incorrect, please advise me in what respects you believe that the information provided by my client on November 23,2010 was non-responsive to your letter of October 21, 2010.

In your letter of October 21, 2010, you state that the purpose of that letter was to request information needed for an investigation of certain charitable solicitations. The letter also states that "media reports" suggest that Team Thomas was involved in soliciting donations without having complied with the District's registration requirement for charitable solicitations. Team Thomas, in its November 23,2010 response, provided all of the information requested in your

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

P. Nickles, Esq. December 1, 2010 Page 2

October 21,2010 letter relating to amount received and amount expended. The information requested and provided was, essentially, the same information that is required to secure registration under the District's charitable solicitations regulations. The information requested in the instant subpoena could have been requested in your letter of October 21,2010, but was not. Moreover, the information requested in the subpoena has no bearing at all on the question of whether Team Thomas has complied with, or not the registration requirements of the District's charitable solicitation law.

The names of individual donors, or the names of persons to whom disbursements were made have no relevance whatsoever to the determination your Office seeks to make. Additionally, the amount of an individual donation may have some relevance to Internal Revenue Service regulations, but that information has no relevance to a determination by your Office of whether the District's charitable solicitations law has been followed, or not.

In your letter of November 24,2010, you request additional information that exceeds the information required to secure registration under the District's charitable solicitations regulations. Such a request strikes me as being neither relevant, nor probative of the stated purpose of the request, i.e. to determine whether to bring a civil enforcement action seeking injunctive and other equitable relief in response to the solicitations of charitable contributions by Team Thomas. To the extent that your Office has concluded that Team Thomas has solicited charitable contributions without having secured the required registration (a conclusion that is clearly stated in both the letter of October 21,2010, and the letter of November 24, 20lO), it would seem to me that there are two courses of injunctive relief to be pursued. Such relief could either enjoin Team Thomas to secure the allegedly required registration, or enjoin Team Thomas from solicitation until the allegedly required registration is secured. None of the information requested in your subpoena has any bearing on a request for either form of injunctive relief.

Team Thomas will voluntarily refrain from any future solicitation of donations, and will wind up its affairs and terminate its corporate existence. In light of this decision by Team Thomas, there is no need for your Office to bring a civil enforcement action seeking injunctive, or other equitable relief premised on an alleged failure of Team Thomas to abide by the District's charitable solicitations law. Without a basis for a civil action (because of the voluntary injunction), how can there be any basis for a subpoena?

Your letter of November 24,2010 states that your Office is of the view that Team Thomas has engaged in activity for which it is not properly licensed, and that the subpoenaed information is needed to determine if your Office should pursue injunctive reliefthat could cease such activity. Team Thomas has voluntarily agreed to cease such activity. There is no need for the subpoenaed information. If, however, your Office has a different basis for

\

RUBIN, WINSTON, DIERCKS, HARRIS & COOKE, LLP

P. Nickles, Esq. December 1, 2010 Page 3

requesting the subpoenaed information, please advise me of the basis under District law for such a subpoena request.

I look forward to your reply.

Yours truly,

lsi Frederick D. Cooke, Jr. Frederick D. Cooke, Jr.

GOVERNMENT OF THE DISTRICT OF COLUMBIA OFFICE OF THE ATTORNEY GENERAL

Attorney General

*** -

-

ByE-Mail

December 1, 2010

Frederick D. Cooke, Jr., Esq.

Rubin, Winston, Diercks, Harris & Cooke, L.L.P. 1201 Connecticut Avenue, N.W.

Suite 200

Washington, DC 20036

Re: Team Thomas

Dear Mr. Cooke:

I disagree with the suggestion in your letter this afternoon that there would be no reason for the Office of the Attorney General to bring an action for an injunction and other equitable relief against unlawful charitable solicitations by Team Thomas ifthe organization were to "voluntarily refrain from any future solicitation of donations, ... wind up its affairs and terminate its corporate existence."

At this point, the Office of the Attorney General's investigation has determined that Team. Thomas has unlawfully solicited charitable donations without a license and has never been qualified by the IRS as a 501(c)(3) tax-exempt organization. The investigation now seeks to determine whether the donations solicited by Team Thomas have been applied to the purposes

for which they were solicited. .

If the investigation reveals that Team Thomas has not used the donated funds for the purposes for which they were solicited, then the Office of the Attorney General may file suit in the Superior Court for equitable rescission of the donations - so that the donated funds may be returned to the donors - and for other equitable remedies, such as disgorgement of improperly solicited funds to a court-appointed special master. In addition, if the investigation reveals that donors were unaware that their donations to Team Thomas were not tax deductible, the Office of the Attorney General may seek to have donors notified of this fact so that they have an opportunity to file amended tax returns.

Because your client is unwilling to respond to this subpoena voluntarily, this Office will be petitioning tomorrow morning for Superior Court enforcement of the subpoena.

...

Sincerely,

. .

Frederick D. Cooke, Jr., Esq. December 1,2010

Page Two

f~/· ~IBIL

PETERJ. NICKLES Attorney General

(

L.__ ~ __ .~